[Videolib] Public performance rights question

Jed Horovitz (JedH@internetvideoarchive.com)
Fri, 17 Sep 2004 09:21:46 -0400

Jessica,
I am sure you are correct on the history of collecting movies. Not every
film is under copyright and even some that are have waived PPR for various
intentional and unintentional reasons. I still think this needs to be
addressed on a movie by movie basis and one should not assume that something
is not permitted unless it is specifically so stated. This is the
anti-thesis of a free society. It is in fact the basic rule of a
totalitarian one.
Jed

-----Original Message-----
From: videolib-bounces@library.berkeley.edu
[mailto:videolib-bounces@library.berkeley.edu]On Behalf Of Jessica
Rosner
Sent: Thursday, September 16, 2004 6:07 PM
To: videolib@library.berkeley.edu
Subject: Re: [Videolib] Public performance rights question

Virtually no copyrighted 16mm films were sold with any kind of unlimited or
transferable public performance rights. Prints were sold over the years
by companies representing studios to libraries and Universities but these
prints were with rights for showing ONLY at the place that purchased them
( which in some cases might include a whole system of libraries) they would
not transfer to an individual ( Also they were supposed to be returned at
the end of o contract but there was not all that much follow up in some
cases) Frankly it much more likely that the private collector got his
prints from a TV station as this was a more common source

Bottom line there would be NO LEGAL right to project a film still under
copyright and under circumstances described Library would have legal
liability for doing this. It is possible to "clear" the screenings via
current rights holder but it would probably be expensive

--
Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

> From: "Barbara Rhodes, Media Consultant, Northeast Texas" > <medialibrarybird@earthlink.net> > Reply-To: "Barbara Rhodes, Media Consultant, Northeast Texas" > <medialibrarybird@earthlink.net>, videolib@library.berkeley.edu > Date: Thu, 16 Sep 2004 10:55:36 -0500 (GMT-05:00) > To: Videolib list <videolib@library.berkeley.edu> > Subject: [Videolib] Public performance rights question > > I suspect I know the answer to this question, but I told the librarian who > asked me that I would submit it to the combined copyright expertise on this > list for additional feedback. The public library in question has a patron > who has offered to show 16mm film "classics" from his personal collection at > the library and conduct a film discussion group. The librarian does not know > what the exact origins of this collection are and has no idea if any public > performance copyright fees were paid on the material. She and I both think > that the collector has bought these from a variety of sources over time and > therefore, probably has no specific PPR permissions. On the other hand, the > materials are in 16mm, a presentation format, so once upon a time the titles > may well have had PPR attached. > > My first reaction was to advise her against using the films in the library > meeting room--what do you folks think? > > Thanks for you counsel. > > Barbara Rhodes > Media Consultant > Northeast Texas Library System > _______________________________________________ > Videolib mailing list > Videolib@library.berkeley.edu > http://www.lib.berkeley.edu/mailman/listinfo/videolib

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